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Archive for the ‘Publications’ Category
The Weakening of RICO’s Remedies Provision: Analysis of the Appeals Court’s Decision in USA v. Philip Morris USA, Inc., et al.
Tuesday, January 22nd, 2008
This white paper analyzes the equitable remedies provision of the Racketeer Influenced and Corrupt Organizations Act (”RICO”) as it was interpreted by both the trial and appeals courts in the Department of Justice’s civil RICO case against the major United States cigarette manufacturers. It demonstrates how the appeals court’s decision, which bound the trial court, severely affected the remedies that could be ordered in that case — despite the judge’s conclusion that the defendants are racketeers. It argues that RICO’s equitable remedies provision needs to be clarified and strengthened so that it can be used most effectively to promote public health.
Potential Master Settlement Agreement Violations Evidenced in Judge Kessler’s Findings in USA v. Philip Morris USA, Inc., et al.
Thursday, January 17th, 2008
This practice guide examines the court’s lengthy 2006 decision in the U.S. Department of Justice’s racketeering suit against the major American cigarette manufacturers. It highlights the numerous actions of these manufacturers cited in that opinion that may constitute violations of the 1998 Master Settlement Agreement, and it calls for enforcement actions to remedy such violations.
A Guide for Plaintiffs’ Attorneys: Using Findings and Resources from USA v. Philip Morris USA, Inc., et al. in Future Claims Against Big Tobacco
Thursday, January 17th, 2008
PHAI has published this practice guide to help plaintiffs’ attorneys understand the some of the value of the judge’s decision in the U.S. Department of Justice’s racketeering suit against the major American cigarette manufacturers for private practice. It highlights the ways in which attorneys may use this opinion in their future claims against “big tobacco” while pointing out areas in which its use may be problematic. It also provides a helpful list of online resources related to the case.
PHAI Creates Newsletter
Monday, November 26th, 2007
PHAI Fall, 2007 Newsletter We want to keep readers who are interested in the public health law work we do apprised of our programs and projects. To help accomplish this, we have created a newsletter summarizing some highlights. In this edition, we feature an article discussing our international human rights-based approach to tobacco control. Enjoy.
Mapping School Food: A Policy Guide
Tuesday, November 6th, 2007
Mapping School Food looks at the problems and issues faced by school decision-makers who draft and enforce school food policies. Mapping School Food is based on interviews and case studies and is designed to help you navigate the legal and policy complexities of school food. This guide is a good first step in learning to implement changes in school foods.
Download Mapping School Food [PDF].
Raw Deal: A Report on School Beverage Contracts
Wednesday, December 6th, 2006
Raw Deal is a national survey of school beverage contracts conducted by PHAI and the Center for Science in the Public Interest (CSPI).